8 Things Every Patient Should Know About Wrongful Discharge
After spending time in the hospital, it is understandable that all you want to do is return home, get comfortable, and start on the road to recovery from your injury or illness. However, you probably also understand that healthcare providers must consider your medical needs when making the decision to discharge you.
Unfortunately, medical professionals sometimes err when discharging a patient. According to the U.S. Department of Health and Human Services (DHHS), one in five patients will endure adverse events within three weeks after being released. In almost 75 percent of cases involving wrongful discharges from the hospital, the mistakes were preventable.
Victims who are released too early can sustain considerable damages, resulting in worsening of the condition, additional medical costs, and significant pain and suffering. If that happened to you or a loved one, it is essential to reach out to a Miami hospital errors attorney to discuss your legal options. They will provide legal advice and fight for the compensation you deserve.
Still, there are a few things you should know if you or a loved one was wrongfully discharged, including:
1. How to Spot the Signs of a Wrongful Discharge
You trust the decisions of your health care providers, so you may not think to look out for indications of wrongful discharge from the hospital. However, you may recognize that you are the victim of a wrongful discharge if:
- Your medical condition is not improving after discharge
- A physician did not examine you before the discharge occurred
- You were sent home without receiving tests, consultations, or medications that were ordered
- A full neurological examination was never conducted
2. Wrongful Discharge from the Hospital Qualifies as Medical Malpractice
Contrary to common misconceptions, Florida medical negligence laws apply to medical facilities in much the same way as physicians. You need to prove that the hospital breached the legal duty to provide proper care by releasing you too soon, and this error was the direct cause of the injuries you suffered after being discharged.
For example, if you are having a stroke but you are diagnosed with vertigo and sent home from the emergency room, this would qualify as a wrongful discharge by the hospital.
3. Complications from an Early Release Can be Severe
The effects of a wrongful discharge vary, but some of the most common health-related issues that arise after a wrongful discharge include:
- Infection
- Adverse drug events
- Bleeding
- Worsening stroke symptoms
- Death
- General health deterioration
Your damages in a medical malpractice claim will include all of the harm that’s resulted from the hospital’s decision to release you earlier than it should have.
4. You Must Keep in Mind Two Relevant Time Periods
As with other personal injury cases, there is a statute of limitations for medical malpractice cases. You generally have two years to file a lawsuit per Florida Statutes § 95.11 (4)(c), although there are exceptions that can apply, depending on the facts of the case.
If you fail to send a statutory notice to the prospective defendants and sue by the deadline, you may be barred from recovering compensation. However, the time period may be extended to four years if you did not realize you were injured as a result of negligence until a later date – provided that you were reasonably diligent in monitoring your health. A medical malpractice lawyer can review how long you have left to act.
5. The Cost of an Early Discharge Can Be Immense
Wrongful discharge claims often have a high financial value. There are several reasons for this.
The health effects of releasing a patient early without first establishing a diagnosis or condition can be devastating. You may develop disabling conditions as a direct consequence of the wrongful discharge. This may lead to pain and suffering, lost income, and other costly damages.
If you were released prematurely and suffered a serious injury as a result, there is also a significant likelihood you’ll need additional medical care. Medical care is expensive by nature, and the value of your case will reflect any costly medical services you require because of the hospital’s error.
6. There Is a High Standard for Proving Medical Malpractice
Medicine is a high-risk field. However, there are many circumstances (like unsafe discharges) when medical professionals expose the patient to an unacceptable level of risk.
Your personal injury attorney will need to prove that the hospital’s actions extended beyond standard medical risk. Your attorney will work to prove that the hospital was negligent in releasing you early, and that it is financially responsible for your damages as a consequence of its negligent actions.
7. Waiting to Start a Wrongful Discharge Lawsuit Can Weaken Your Case
Your lawyer will need to obtain proof of the safety violation that has caused you harm. If you wait to hire a lawyer, they may lose access to evidence and documentation that would otherwise benefit your medical malpractice claim. Specifically, they will need to collect your medical records before determining whether a viable claim exists. If there is not enough time to gather your medical records, it may be too late.
8. You Will Need a Florida Hospital Errors and Malpractice Lawyer to Represent You
Whether you were harmed by wrongful discharge from the hospital or some other medical mistake, Florida’s medical malpractice laws are extremely complicated. In all our years of experience, we have not seen a medical malpractice victim successfully represent themselves. Instead of putting your rights at risk, contact our team at Freidin Brown, P.A.
How Our Florida Wrongful Discharge Attorneys Will Serve You
Your attorney will review medical records, consult experts, and speak with you to determine the harm that has resulted from your unsafe discharge from a medical facility.
Your lawyer will build your case for a fair financial recovery by:
Securing Evidence of the Facility’s Negligence
Your lawyer will obtain any evidence that suggests the facility released you too soon, which may include:
- Expert testimony
- Medical records
- Your own account of events
This evidence may be critical in winning your medical malpractice case.
Calculating the Cost of Your Damages
Your attorney will determine the precise financial cost of the medical providers’ negligence. They will demand compensation equal to the cost of your damages.
Negotiating a Settlement with Liable Parties or Taking Your Case to Court
Your attorney will negotiate with liable parties in pursuit of a settlement that will meet all your current and future needs. If liable parties do not offer a fair settlement, your attorney will fight for your financial recovery in court.
Call Freidin Brown, P.A. Today for a Free Consultation About Your Wrongful Discharge Case
Wrongful discharge can leave you hurt or disabled, and it can even result in death. Don’t delay, call our firm at 305-371-3666 today. We look forward to finding out how we can help you with your case.
